G.Nirmala Vs State Represented by its

Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C. , to direct the learned Judicial Magistrate No.I, Vellore, to expedite the trial in C.C.No.86/2018 within the stipulated period that may be fixed by this Court.

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For Petitioner(s): Mr.S.Arivazhagan For Respondent(s): Mr.S.Santhosh Government Advocate (Crl.Side)

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ORDER

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T his Criminal Original Petition has been filed seeking seeking expeditious disposal of C.C.No.86 of 2018 pending on the file of the learned Judicial Magistrate No.I, Vellore, within a stipulated time.

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 2742 of 2026

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Learned counsel appearing for the petitioner submitted that based

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on the complaint given by the de facto complainant against the petitioner and others, the first respondent police registered a case in Crime No.529 of 2007, for the offences under Sections 406, 420 and 379 of IPC. He further submitted that after completion of investigation, the final report was filed and the same was taken cognizance of on the file of the Judicial Magistrate No.I, Vellore, in C.C.No.86 of 2018 for the offences under Sections 406 and 420 of IPC. He further submitted that the case pertains to the year 2007 and there has been no progress in the trial, despite the filing of the final report in the year 2018. Therefore, the learned counsel appearing for the petitioner prayed for the indulgence of this Court to direct early disposal of the case.

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Learned Government Advocate (Criminal Side) appearing for the

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respondent submitted that the case now stands posted to 23.02.2026 for production of L.W.1 to L.W.8. He further submitted that the petitioner is appearing before the trial Court and no warrant is pending against him.

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Heard the learned counsel appearing on either side and perused

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the materials available on record.

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Page2 of 5

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 2742 of 2026

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It is pertinent to state that a Constitution Bench of the Hon’ble

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Supreme Court, in the case of High Court Bar Association, Allahabad vs. State

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of Uttar Pradesh reported i n (2024) 6 SCC 267 , has held that the constitutional

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courts, in the ordinary course, should refrain from fixing a time-bound schedule for the disposal of cases pending before any other court. The relevant portion of

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the said decision for the sake of ready reference is reproduced below:

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"47.3. Constitutional courts, in the ordinary course, should refrain from fixing a time-bound schedule for the disposal of cases pending before any other courts. Constitutional courts may issue directions for the time-bound disposal of cases only in exceptional circumstances. The issue of prioritising the disposal of cases should be best left to the decision of the courts concerned where the cases are pending."

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(emphasis supplied by this Court).

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It has also been held in the aforesaid extracted portion that in

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exceptional circumstances, constitutional courts may issue directions for time bound disposal of cases.

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7. Considering the facts and circumstances of this case and also

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considering that the case which arises out of the FIR of the year 2007, is of the year 2018 and the same has been pending for the past eight years, this Court

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Page3 of 5

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 2742 of 2026

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directs the learned Judicial Magistrate No.I, Vellore, to dispose of the case in C.C.No.86 of 2018, as expeditiously as possible, preferably within a period of four months from 23.02.2026, i.e., the next date of hearing.

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8 . With the above direction, this Criminal Original Petition stands

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disposed of.

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09-02-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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VKR

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To